KSR International Co. v. Teleflex Inc.

Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

In re Gleave

Finding that the prior art reference was enabling and stating that “the fact that [the reference] provides ‘no understanding of which of the targets would be useful’ is of no import, because [the patent applicant] admits that it is well within the skill of an ordinary person in the art to make any oligodeoxynucleotide sequence”

In re Kubin

Finding patent invalid where an inherent benefit "is not an additional requirement imposed by the claims . . . but rather a property necessarily present" when the other limitations are satisfied

In re Kahn

Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

Perfect Web Technologies, Inc. v. InfoUSA, Inc.

Holding that “an analysis of obviousness ... may include recourse to logic, judgment, and common sense available to the person of ordinary skill [which] do[es] not necessarily require explication in any reference or expert opinion”

Spectralytics, Inc. v. Cordis Corp.

Holding that, while a finding of willfulness is a “prerequisite” to the award of enhanced damages, the “ ‘paramount determination in deciding to grant enhancement and the amount thereof is the egregiousness of the defendant's conduct based on all the facts and circumstances.’ ” (quoting Read Corp. v. Portec, Inc., 970 F.2d 816, 826 (Fed.Cir.1992))

In re Fulton

Holding that "a particular combination" need not "be the preferred, or the most desirable, combination described in the prior art in order to provide motivation"

In re Gurley

Upholding obviousness finding where patent was directed to one of two alternative resins disclosed in prior art reference, even though reference described claimed resin as "inferior."

Mkt.-Alerts Pty. Ltd. v. Bloomberg Fin. L.P.

In Market-Alerts, the court considered the likelihood of the petition being granted, and the likelihood of the administrative challenge succeeding, as part of the "issue simplification" factor.

In re Translogic Technology

Recognizing that the Supreme Court set aside the rigid application of the TSM Test and ensured use of customary knowledge as an ingredient in that equation.

Section 103 - Conditions for patentability; non-obvious subject matter

Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

Rule 901 - Authenticating or Identifying Evidence

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Rule 802 - The Rule Against Hearsay

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Rule 807 - Residual Exception

Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule

Section 314 - Institution of inter partes review

Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

Section 6 - Patent Trial and Appeal Board

Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

Section 318 - Decision of the Board

Governing the incorporation of claims added via the operation of § 316(d)

Section 42.100 - Procedure; pendency

Providing that the PTAB gives " claim . . . its broadest reasonable construction in light of the specification of the patent in which it appears"

Section 42.73 - Judgment

Regarding judgments

Section 90.2 - Notice; service